Bill Text: NY A04648 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that with respect to a serious personal injury action still permissible under the no-fault insurance system, the award or decision of an arbitrator or master arbitrator rendered in a no-fault arbitration will not constitute a collateral estoppel of the issues arbitrated.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2020-01-08 - referred to insurance [A04648 Detail]

Download: New_York-2019-A04648-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4648
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M. of A. COOK, PEOPLES-STOKES, D'URSO -- Multi-Sponsored
          by -- M. of A.  BARCLAY, GOTTFRIED -- read once and  referred  to  the
          Committee on Insurance
        AN  ACT to amend the insurance law, in relation to the collateral estop-
          pel effect of issues decided by certain arbitrators
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  5106 of the insurance law is amended by adding a
     2  new subsection (e) to read as follows:
     3    (e) With respect to an action for serious personal injury  permissible
     4  under  section five thousand one hundred four of this article, the award
     5  or decision of an arbitrator or master arbitrator rendered  pursuant  to
     6  subsection  (c) of this section shall not constitute a collateral estop-
     7  pel of the issues arbitrated.
     8    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08027-01-9
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